Frequently Asked QuestionsWhat is a substance use disorder?A substance use disorder is a disease which occurs when the recurrent use of alcohol and/or drugs causes significant impairments. Impairments may include health problems, disability and failure to meet major responsibilities at work, school or home.

What is an assessment?An assessment includes an interview with an addiction counselor to review a person’s substance use and its impact on his or her daily life.

How are services determined? An addiction counselor recommends treatment services based on an assessment with the individual to best meet his or her needs.

How are services funded?A variety of funding options are available for an individual who is assessed as needing services. Funding options include:

• Insurance• Private pay • Other 3rd party payers• Combination of state and federal funding• Medicaid

How do I qualify for state and federal funding?Individuals who meet programmatic and financial eligibility may qualify for state funded services. The treatment provider will assist the individual in completing the eligibility process.

What are some resources available?There is information and a Substance Use Disorder brochure available online at dss.sd.gov/formsandpubs/. Resources for local treatment providers are available through the SAMHSA treatment locator at findtreatment.samhsa.gov/ or on the DSS website at dss.sd.gov/behavioralhealth/agencycounty.aspx.

Contact Us

For more information or to ask questions, please contact the

Division of Behavioral Health at dss.sd.gov/behavioralhealth/

or 1.855.878.6057.

The Department of Social Services does not exclude, deny benefits to, or otherwise discriminate against any person on the basis of actual or perceived race, color, religion, national origin, sex, age, gender identity, sexual orientation or disability in admission or access to, or treatment or employment in its programs, activities, or services. For more information about this policy or to file a Discrimination Complaint you may contact: Discrimination Coordinator, Director of DSS Division of Legal Services, 700 Governor’s Drive, Pierre, SD 57501, 605.773.3305. Español (Spanish) - ATENCIÓN: si habla español, tiene a su disposición servicios gratuitos de asistencia lingüística. Llame al 1.800.305.9673 (TTY: 711).Deutsch (German) - ACHTUNG: Wenn Sie Deutsch sprechen, stehen Ihnen kostenlos sprachliche Hilfsdienstleistungen zur Verfügung. Rufnummer: 1.800.305.9673 (TTY: 711).

Printed on recycled paper | May 2019Pheasantland Industries | 2,000 copies | $0.23 per copy

BRO/BH4

South DakotaSubstance Use

Disorder Involuntary Commitment

Process

Substance Use Disorder Involuntary Commitment

Process1. Petition

a) Any responsible person may apply for a petition.

b) To apply, contact the Clerk of Courts in the county in which the person resides or is currently present. ujs.sd.gov/Contact/clerkcourts.aspx.

c) Application process: • The Clerk of Courts will take the written application the petitioner completes to the Judge, who will appoint an attorney to represent the petitioner.

• An addiction counselor will complete an assessment and make treatment recommendations based on the individual’s needs.

• Within five days, the attorney completes and submits a petition to the courts.

2. Hearing

a) The individual has the right to have his or her own attorney.

b) The court has 10 business days to have a hearing.

c) The person submitting the petition and the addiction counselor may be asked to testify at the court hearing. The individual will be present in court unless his or her presence is likely to be injurious to the individual.

3. Commitment

a) Treatment services: Treatment will be arranged by the addiction counselor completing the assessment and treatment is based on his/her recommendations.

b) The commitment period is up to 90 days. The actual length of commitment is based on the individual’s needs.

For more information on the involuntary commitment process, please visit dss.sd.gov/docs/behavioralhealth/community/sud_ivc_roadmap.pdf.

1 23

PetitionHearing

Commitment

Who is appropriate for an SUD involuntary commitment?For an individual to be appropriate for a substance use disorder (SUD) involuntary commitment, the petitioner will need to provide information to support the individual is a substance user who continually lacks self-control, in regards to his/her alcohol and/or drug use and one or more of the following.1. Has threatened, attempted or inflicted physical harm on self or on another, and unless committed, is likely to harm self or others.2. Is incapacitated by the effects of alcohol or drugs.3. Is pregnant and using alcohol or drugs.

InvoluntaryCommitment

Process